The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his homelessness application. He has a right of review about the suitability of the accommodation offered and it is reasonable for him to use it. If he is dissatisfied with the outcome of the review, he can appeal to the county court.
The complaint
Mr X complains about the Council’s handling of his homelessness application. He says the Council has failed to provide support and forced him to move to unsuitable accommodation. He wants the Council to provide him with suitable social housing and compensate him for the distress caused.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X approached the Council when he became at risk of homelessness. The Council accepted it had a duty to provide support to prevent him from becoming homeless.
It made him an offer of accommodation in April 2025. In its offer letter it said it was satisfied the accommodation was suitable for him and met his housing needs. It said if he did not agree the accommodation offered was suitable, he could request a review of the decision. It advised him how to submit a review and provided information about the review process.
We will not investigate this complaint. Mr X has a statutory right of review about the accommodation offered. If he does not agree the accommodation offered is suitable, it is reasonable for him to request a review. If he is dissatisfied with the outcome of the review, he will have a right of appeal to the courts.
Final decision
We will not investigate Mr X’s complaint because he has a statutory right of review about the accommodation offered and it is reasonable for him to use it. If he remains dissatisfied following the review, he will have a right of appeal to the courts.
Investigator's decision on behalf of the Ombudsman